Drawbridge Operation Regulations; Lacombe Bayou, LA
| Published date | 06 November 2019 |
| Citation | 84 FR 59741 |
| Record Number | 2019-24238 |
| Section | Proposed rules |
| Court | Coast Guard,Homeland Security Department |
Federal Register, Volume 84 Issue 215 (Wednesday, November 6, 2019)
[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Proposed Rules]
[Pages 59741-59743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24238]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2018-0953]
RIN 1625-AA09
Drawbridge Operation Regulations; Lacombe Bayou, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the Tammany Trace swing bridge across Lacombe Bayou, mile 5.2,
at Lacombe, St. Tammany Parish, Louisiana. This action is necessary to
effectively coordinate Tammany Trace trail operations and maintenance
with drawbridge operations.
DATES: Comments and related material must be received by the Coast
Guard on or before December 6, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0953 using Federal eRulemaking Portal at http://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Doug Blakemore, Eighth Coast
Guard District Bridge Administrator; telephone (504) 671-2128, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
STP St. Tammany Parish
Trace Tammany Trace
Sec. Section
II. Background, Purpose and Legal Basis
Saint Tammany Parish (STP) has requested to change the operating
requirements for the Tammany Trace swing bridge across Lacombe Bayou,
mile 5.2, at Lacombe, St. Tammany Parish, Louisiana. This bridge
currently opens on signal according to 33 CFR 117.5. STP has requested
to open the bridge if vessels provide 2 hours advance notification.
This bridge spans the Tammany Trace which is a park area that is
used by pedestrians and bicyclists. The Trace is open from 7 a.m. to
7:30 p.m. daily. The bridge operates during Trace hours and is secured
in the open to navigation position when the Trace is closed. This
bridge has a vertical clearance of 9.7 feet above mean high water in
the closed to vessel position and unlimited vertical clearance in the
open to vessel traffic position. There are few vessel movements through
this bridge. From 2015 through 2017 the bridge opened 197 times for
vessel passage. This waterway is primarily used by recreational boaters
in the Lacombe area and does not support commercial activity.
In addition to bridge operations, STP bridge tenders assist with
Trace bike, pedestrian and equestrian operations and maintenance. This
change would
[[Page 59742]]
allow the parish to coordinate and schedule Tammany Trace requirements
and provide for the reasonable needs of navigation.
The Coast Guard is issuing this NPRM under authority 33 U.S.C. 499.
III. Discussion of Comments and Change
The Coast Guard's decision to promulgate a drawbridge regulation
depends primarily upon the effect of the proposed rule on navigation to
assure that the rule provides for the reasonable needs of navigation
after consideration of the rule on the impact to the public. The Coast
Guard must ensure that bridges across navigable waters do not
unreasonably obstruct waterway traffic and at the same time provide for
the reasonable needs of land traffic. Drawbridge operations must
balance the needs of vessel, vehicle, rail, pedestrian and recreational
traffic in the overall public interest.
Based on the number of times that this bridge has opened for vessel
traffic in three years, the Coast Guard proposes that it is reasonable
for vessels to provide a 2 hour advance notice to open the drawbridge.
IV. Discussion of Proposed Rule
The Coast Guard has reviewed the data and information provided by
STP and has determined that there should be no adverse impact on
vessels ability to use Lacombe Bayou at the bridge location. There are
no other proposed changes to the operating schedule. The regulatory
text we are proposing appears at the end of this document.
V. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive orders and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the lack of
commercial vessel traffic on this waterway, and the recreational boats
that routinely transit the bridge under the proposed schedule. Those
vessels with a vertical clearance requirement of less than 9.7 feet
above mean high water may transit the bridge at any time, and the
bridge will open in case of emergency at any time. This regulatory
action takes into account the reasonable needs of vessel and vehicular
traffic.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this proposed rule would not have a significant economic impact
on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This proposed rule
[[Page 59743]]
involves a change to the operating schedule of a drawbridge. It is
categorically excluded from further review under paragraph L49 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01.
We seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacynotice.
Documents mentioned in this SNPRM as being available in this docket
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Revise Sec. 117.463 to read as follows:
Sec. 117.463 Lacombe Bayou
(a) The draw of the US190 bridge, mile 6.8 at Lacombe, shall open
on signal if at least 48 hours notice is given.
(b) The draw of the Tammany Trace bridge, mile 5.2 at Lacombe,
shall open on signal if at least 2 hours notice is given.
Dated: February 6, 2019.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
Editorial Note: This document was submitted to the Office of the
Federal Register on November 1, 2019.
[FR Doc. 2019-24238 Filed 11-5-19; 8:45 am]
BILLING CODE 9110-04-P
